Opinions June 13, 2012

Related News and Opinion

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:Michael
W. Baker v. State of Indiana
89S01-1109-CR-543
Criminal. Affirms conviction of Class B felony burglary, finding the evidence suggesting that Baker opened cupboards and
drawers in the kitchen is enough to support a reasonable inference that the defendant entered the church with intent to commit
theft inside.

Wednesday’s opinions
7th Circuit Court of AppealsUnited States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with
robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague,
finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed
its authority by promulgating the “crime of violence” definition.

Anthony
D. Gorman v. State of Indiana
49A05-1110-CR-556
Criminal. Affirms convictions of two counts of Class B felony robbery while armed with a deadly weapon. There is sufficient
evidence to support his convictions.

Dennis
Jack Horner v. Marcia (Horner) Carter
34A02-1111-DR-1029
Domestic relation. Affirms denial of Horner’s request to modify the terms of a mediated settlement agreement. Alternative
Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish
traditional contract defenses, so the trial court erred in excluding the evidence of mediation communications to establish
that a mistake occurred in drafting the agreement. But his testimony about the mediation communications falls short
of establishing any mistake that might entitle him to relief, so this was a harmless error. The trial court properly determined
that the agreement in this case provided for a property settlement that survived Carter’s remarriage.